HBA-TBM, CCH H.B. 3365 77(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 3365 By: Maxey Human Services 7/3/2001 Enrolled BACKGROUND AND PURPOSE Texas Health Steps (THSteps) is the largest and most comprehensive medical and dental prevention and treatment program for children of low income families. Prior to the 77th Legislature, many social workers who provided THSteps medical case management services (services) were at risk of no longer being permitted to provide these services. The reason for this was that THSteps services met the Texas State Board of Social Worker Examiners' (TSBSWE) definition for "private and independent practice" that can only be provided by Licensed Master Social Worker Advanced Practitioners (LMSW-APs) and Licensed Master Social Worker-Advanced Clinical Practitioners (LMSW-ACPs). Unfortunately, few LMSW-APs or LMSW-ACPs enrolled as providers for THSteps services. Consequently, many children were in jeopardy of losing important health and developmental services. House Bill 3365 requires TSBSWE to adopt rules necessary to permit social workers to provide case management services in the THSteps program. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas State Board of Social Worker Examiners in SECTION 1 (Section 505.201, Occupations Code) and SECTION 2 of this bill. ANALYSIS House Bill 3365 amends the Occupations Code require the Texas State Board of Social Worker Examiners (TSBSWE) to adopt rules not later than the 120th day after the effective date of this bill as necessary to permit a social worker to provide medical case management services (services) under Medicaid to the extent the program is administered by the Texas Department of Health (TDH). The bill prohibits TSBSWE from adopting rules that impede the accessibility of services under Medicaid. During the time in which the adoption of rules by TSBSWE is pending, a social worker is permitted to provide services under the Medicaid program to the extent that the program is administered by TDH. EFFECTIVE DATE May 28, 2001.